On January 25, 2018, the government council adopted bill no. 17-73 amending and supplementing law no. 15-95 constituting the commercial code and in particular its book relating to business difficulties.

In 2015, the Ministry of Justice indicated that nine out of 10 companies that begin a recovery procedure end up in compulsory liquidation. Since then, the reform of Moroccan collective procedure law has been a high priority on the legislative agenda of the executive. The highlights of this project are:

The introduction of a new procedure called rescue procedure which should intervene before the company is in default of payments and at the request of the entrepreneur who himself proposes a rescue plan.
The name amicable settlement will be replaced by “Conciliation” Notification by the president of the court of any decision affecting the claims of creditors not included in the conciliation Strengthening and increasing the efficiency of reorganization and judicial liquidation.
Rebalancing the powers between the president of the company and the creditors. The setting of the conditions for the exercise of the functions of syndic.
The execution of the judgment opening liquidation or assignment may be suspended in the event of an appeal.

This general revision of the provisions of Book V of the Commercial Code immediately demonstrates the will of the legislator to grant more importance to the preventive approach and to the support of companies in difficulty.